Website copyright

Exploring specific considerations that apply to websites and web designers.

1. Copyright notices

   Although notices are not a requirement under the Berne Convention, (which states that copyright is automatic, whether you mark your work or not), it was a requirement of some countries covered under the Universal Copyright Convention (UCC). It is strongly recommended that you properly mark your work as the use of notices will make it clear that copyright exists, and help to deter infringement.

   Please see our fact sheet P-03: Using copyright notices for information on wording you notices.

   Websites are particularly open to abuse, especially theft of content and images. You should assume that files will be accessed randomly, downloaded as individual chunks, and distributed out of context. It is therefore important to include a copyright notice on as many individually deliverable items as possible:

   • Image file properties should include a notice.

     Under Windows for example, right clicking on a image will allow you to bring up the properties dialogue where you may enter details about the file, (though this will only work with certain file types). More typically, your image software will provide a way to insert comments into the file.

   • Watermark valuable images.
     If you publish your own images (e.g. photos you have taken or digital artwork that you created), then adding a visible watermark that states your ownership will deter unauthorised re-use.

   • Every page should contain a notice in the visible text (text shown on screen), or at least link to your notice in the body of the page.

   • Every delivered file should include a notice in non visible text.
     For example, in HTML files, JavaScript files, and CSS style-sheets a copyright notice can be included as a comment.

2. Creating websites for third parties

   If you design web sites for others, it is important for all parties to understand ownership.

   • Ensure that rights are transferred or licences granted as appropriate. For example; the copyright to the site content and design may passed to the client upon payment, along with licenses for more generic code or modules that the designer/developer may build or use.
   • In the case of work undertaken in stages, rights or licenses to individual features may be handed over for work completed to date.
   • Where material for the web site is sourced from elsewhere, or where third party technologies are to be used, appropriate licenses should be obtained.
   • Moral rights: Will the developer be credited for the work on the web site? If so, the developer will also want to reserve the right to remove the credit if the site if later developed in a way that would discredit the original developer.
      
3. Copyright registration

   Websites are one of the easiest things to copy, particularly any written content and images, so registration is particularly important. For information on how to register a website, please see our fact-sheet P-23: Registering websites.

4. Detecting infringement

   Copyscape is a useful tool that will compare your web pages to others indexed by Google and return any it finds with matching text.

5. Dealing with infringement

   If you notice another web site using your content, the best place to start is by reading our copyright infringement fact sheet

   It is a good idea to get a copy of the site as it exists at the time, this is useful if the site owner later changes their site in an attempt to disguise the infringement. Wget is a good tool for this and is available as free software under the GNU General Public License.

   Besides the points outlined in the copyright infringement fact sheet, in some countries the (such as the UK & USA), the ISP (Internet Service Provider), may also have an obligation to uphold the law. An ISP that continues to host infringing material is knowingly permitting the infringement to continue and may therefore be liable.

   You would need to check that the ISP is covered by this legislation, (as it will vary due to differences in national laws), but this is often a good additional route to pursue, particularly if you have trouble contacting the domain owner.